City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 29, 2009 AT 5:30 P.M.
ALL MEMBERS PRESENT
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) 09R-88 Appointing Dr. David R. Smith to the Lincoln-
Lancaster County Board of Health for a three-
year term expiring April 15, 2012. ADOPTED, 7-0;
A-85409)
Attachment (27K)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by City
Council on June 15, 2009. (PLACED ON FILE)
3) Lincoln Water & WasteWater System Recapitulation
of Daily Cash Receipts for the month of May
2009. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Informal petition from the Lancaster County
Agricultural Society to create a Special
Assessment District to pay the costs
related to off-site traffic improvements at
84th Street and Havelock Avenue.
(REF. TO PUBLIC WORKS ON JUNE 22, 2009)
5) Setting the Hearing Date of Monday, July 13,
2009 at 1:30 p.m. for Application of Rogelio &
Maria Arias dba Super Taco II for a Class I
liquor license located at 500 Westgate
Boulevard.(ADOPTED, 7-0;A-85410)
6) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of Kinseth Hotel Corporation dba
Residence Inn for a Class I liquor license at
5865 Boboli Lane. (ADOPTED FOR APPROVAL, 7-0;
A-85411)
8) Manager application of David M. Wheaton for
Kinseth Hotel Corporation dba Residence Inn at
5865 Boboli Lane.(ADOPTED FOR APPROVAL, 7-0; A-85412)
9) Application of Kinseth Hotel Corporation dba
Hampton Inn for a Class I liquor license at 7343
Husker Circle.(ADOPTED FOR APPROVAL, 7-0; A-85413)
10) Manager application of Robert E. Grimm for
Kinseth Hotel Corporation dba Hampton Inn at
7343 Husker Circle.(ADOPTED FOR APPROVAL, 7-0; A-85414)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
11) 09R-106 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 1 - 15,
2009. (ADOPTED, 7-0; A-85415)
Fact Sheet (14K)
Attachment (21K)
12) 09R-103 Approving an Interlocal Agreement between
Lincoln Public Schools and the City of Lincoln
to construct Stormwater Best Management
Practices at Arnold Elementary School generally
located southwest of W. Cuming and N.W. 48th
Streets.(PLACED ON PENDING W/NO DATE CERTAIN, 7-0)
Fact Sheet (43K)
Attachment (108K)
13) 09R-104 Approving a transfer of appropriations in the
amount of $25,000.00 from the City Council
Contingency Account to Auditing Services for
funding the Nebraska State Auditors Attestation
Review of the Antelope Valley project.
(ADOPTED, 7-0; A-85416)
Fact Sheet (13K)
14) 09R-105 Approving a request for relaxation of standards
from the State of Nebraska, Board of Public
Roads Classifications and Standards for the use
of 10 foot wide lanes on City Projects: 701809 -
P Street, S. 17th to S. 27th; 701811 - Vine
Street, N. 70th to Sierra and Adams Street, I-
180 to N. 14th; 701812 - O Street, N. 15th to N.
25th; 540012 - N. 70th Street, Aylesworth to
Vine; and 540013 - Holdrege Street, N. 70th to
N. 79th.(ADOPTED, 7-0; A-85417)
Fact Sheet (13K)
15) 09R-107 Approving an Inter-Governmental Agreement
between the Nebraska Department of Environmental
Quality (NDEQ) and the City of Lincoln regarding
the implementation of the Section 319 Project
entitled "Antelope Creek Main Stem Water Quality
Project."(ADOPTED, 7-0; A-85418)
Fact Sheet (13K)
Attachment (1761K)
16) 09R-108 Approving a transfer of appropriations in the
amount of $150,000.00 from General
Expense/Shared Services - Corrections to
Interfund Transfers/City Share - Auditorium for
additional funding due to a current year
operating shortfall for Pershing Auditorium.
(ADOPTED, 6-1; CAMP, CARROLL, COOK, EMERY, SNYDER,
SPATZ ASSENTING; HORNUNG DISSENTING; A-85419)
Fact Sheet (62K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 17 THRU 19 HAD 1ST READING)
17) 09-87 Comp. Plan Conformance 09006 Declaring
approximately 21,300 sq. ft. of property
generally located northwest of North 23rd
Street and Q Street as surplus property and
authorizing the sale thereof.
Fact Sheet (240K)
18) 09-88 Change of Zone 09014HP Application of
John M. Moss to designate the Reimers
Bungalow, generally located at 2201 B
Street, as a historic landmark.
Fact Sheet (417K)
19) 09-89 Approving a transfer of appropriations
within the Parks and Recreation Capital
Improvement Program in the amount of
$100,000 from Irving Recreation Center HVAC
409391-6132 (Keno) to Pool Maintenance &
Repair 409392-6134.
Fact Sheet (46K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 09-84 Amending Chapter 20.10 of the Lincoln
Municipal Code, the Lincoln Residential
Building Code by amending Section 20.10.710
to include Chapters 13, 14, 15, 16, 17, and
18 of the International Residential Code,
as part of the Lincoln Residential Building
Code; and repealing Section 20.10.710 of
the Lincoln Municipal Code as hitherto
existing.(PASSED, 7-0; #19275)
Fact Sheet (45K)
21) 09-85 Amending Title 25 of the Lincoln Municipal
Code relating to Heating by creating a new
Chapter 25.04 to adopt the 2006 edition of
the International Mechanical Code and
Appendix Chapters A and B regulating and
governing the design, construction, quality
of materials, erection, installation,
alteration, repair, location, relocation,
replacement, addition to, use or
maintenance of mechanical systems within
the City of Lincoln and within three miles
thereof and outside the limits of any other
incorporated city or village; providing for
the issuance of permits and collection of
fees therefor; repealing Chapter 25.03 of
the Lincoln Municipal Code as hitherto
existing; and establishing the operative
date as 60 days after passage of the
ordinance.(PASSED, 7-0; #19276)
Fact Sheet (45K)
22) 09-86 Amending Title 25 of the Lincoln Municipal
Code relating to Heating by creating a new
Chapter 25.10 to adopt the International
Fuel Gas Code, 2006 edition, including
Appendix Chapters B and C, regulating and
governing fuel gas systems and gas-fired
appliances within the City of Lincoln and
within three miles thereof and outside the
limits of any other incorporated city or
village, and the regulations, provisions,
penalties, conditions and terms of said
Fuel Gas Code; and establishing the
operative date for this ordinance as 60
days after passage.(PASSED, 7-0; #19277)
Fact Sheet (48K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
23) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Assoc. for a change of zone from R-
4 Residential to R-2 Residential on property
generally located at N. 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely)
Fact Sheet (1465K)
24) 07-73 Amending Title 20 of the Lincoln Municipal
Code, the Building Code, by adding a new
Chapter 20.02, entitled Neglected Building
Registration, to require registration of
neglected, deteriorated and/or abandoned
buildings, to require the filing of plans
for restoration or demolition of abandoned
buildings, and to establish penalties for
violations thereof. (5/7/07 - Placed on
Pending, No Date Certain)
Fact Sheet (13K)
25) 07-58 Change of Zone 07010 - Application of Steve
M. Champoux for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally
located at 134th and A Streets. (Request
of applicant to continue P.H. to 5/7/07)
(4/16/07 - 2nd Reading & P.H. Con't. to
5/7/07 w/ Action 5/14/07) (Request to Delay
Action w/con't. P.H. to 7/23/07) (5/14/07 -
Action Delayed w/con't. P.H. to 7/23/07)
(Request to Place on Pending - No Date
Certain) (7/23/07 - Placed on Pending, No
Date Certain)
Fact Sheet (1439K)
26) 08-157 Amending Section 5.38.050 of the Lincoln
Municipal Code to increase permit fees for
motels, hotels, rooming, lodging, and apartment
houses; and repealing Section 5.38.050 of the
Lincoln Municipal Code as hitherto existing.
(11/3/08 - 1>st Reading suspended, to
have Introduction 12/1/08 with P.H. 12/8/08)
(12/1/08 - Placed on Pending Indefinitely)
Fact Sheet (131K)
27) 09-20B Annexation No. 08016 - Amending the Lincoln
Corporate Limits Map by annexing approximately
106 acres north of Interstate 80 on both sides
of NW 48th Street. (3/2/09 - Placed on
Pending Indefinitely)
Fact Sheet (220K)
Attachment (296K)
28) 09R-76 Establishing a Roads to Jobs Fund to make funds
available for road projects, declaring a surplus
of $8,000,000.00 in the Special Assessment
Revolving Fund, and authorizing the transfer of
said funds to the Roads to Jobs Fund.
(5/11/09 - Placed on Indefinite Pending)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 13, 2009, AT 1:30 P.M.
(APPROVED, 7-0)
29) 09R-113 Waiver 09003 - Application of the All Nations
Church of The Lord Jesus Christ to waive the
parking lot surfacing requirement on property
generally located southwest of the intersection
of North 27th Street and Theresa Street.
Fact Sheet (207K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING AT THE COMPREHENSIVE PLAN ANNUAL REVIEW
JOINT CITY COUNCIL/COUNTY BOARD MEETING TO BE HELD
TUESDAY, JULY 14, 2009 AT 5:30 P.M.
(APPROVED, 7-0)
30) 09R-109 Comp. Plan Amendment 09001 Application of
the Planning Director on behalf of the
Lincoln Police Department to amend the 2030
Lincoln-Lancaster County Comprehensive Plan
to adopt text changes to the Community
Facilities chapter as related to the Public
Safety-Law Enforcement section.
Fact Sheet (26K)
31) 09R-110 Comp. Plan Amendment 09003 Application of the
Planning Director to amend the 2030 Lincoln-
Lancaster County Comprehensive Plan to adopt
text changes to the Community Vision chapter to
add the general topic of "sustainability."
Fact Sheet (849K)
32) 09R-111 Comp. Plan Amendment 09004 Application of the
Planning Director to amend the 2030 Lincoln-
Lancaster County Comprehensive Plan to adjust
the text in the Residential chapter regarding
Rural Area/Acreage Policy.
Fact Sheet (328K)
33) 09R-112 Comp. Plan Amendment 09005 Application of the
Planning Director on behalf of the Parks and
Recreation Department to amend the 2030 Lincoln-
Lancaster County Comprehensive Plan to adopt
text and diagram changes to the Parks,
Recreation & Open Space chapter to add Union
Plaza as a Regional Park and to allow Community
Parks to serve as Neighborhood Parks.
Fact Sheet (44K)
Attachment (250K)
At the 2/9/09 City Council Organizational Meeting, the
Register to Speak Session was repealed by a consensus of
members present.
During the Open Microphone Session of the agenda, individuals
are allowed a total of 5 minutes to speak regardless of number
of topics. The Open Microphone Session is available on the 2nd
& Last Monday of each month.
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON
THIS AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY
DO SO AT THE OPEN MICROPHONE SESSION. THE OPEN
MICROPHONE SESSIONS DURING THE MONTH OF JUNE ARE THE
8TH AND THE 29TH.
ADJOURNMENT 6:24 P.M.
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The City Council Meeting
which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.
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The City Council Agenda and Action Sheet may be accessed on
the Internet at:
lincoln.ne.gov
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